International Journal of Law and Society
Vol. 3 No. 4 (2026): October: International Journal of Law and Society

Comparative Lessons from Canada: Reforming the Sentencing Framework for Juvenile Offenders in Indonesia

Rusmilawati Windari (Universitas Trunojoyo Madura)
Bagaz Zubaba (Universitas Trunojoyo Madura)



Article Info

Publish Date
08 Oct 2026

Abstract

Since 2012, the Juvenile Criminal Justice System of Indonesia has had a paradigm shift in the formulation of sentencing provisions for juvenile offenders, from retributive to a combination of rehabilitative and reintegrative efforts. The core of its system is how to prioritize restorative justice at every judicial level, providing many options for non-custodial sanctions and limiting the imposition of custodial sentences. Nonetheless, the law continues creating potential inconsistencies in judicial practice because the current legal frameworks provide limited guidance on sentencing objectives, judicial reasoning, and the differences between sanctions and protective measures. Conversely, Canada chooses balancing retributive, rehabilitative, and reintegrative efforts. The Youth Criminal Justice Act of Canada provides a more structured and coherent sentencing legal framework by ruling on explicit sentencing principles, comprehensive judicial criteria, and integrated community-based reintegration mechanisms. This study examines the juvenile sentencing framework in Indonesia and Canada. By applying a comparative and statutory approach, this study analyzes the provisions on four elements of sentencing, encompassing sentencing objectives, type, severity, and mechanism. It is geared to achieve the aim of identifying potential reforms to strengthen the Indonesian juvenile criminal justice system. Eventually, the findings show that future reform in Indonesia should prioritize legislative refinement by establishing clearer sentencing objectives and developing detailed sentencing guidelines, expanding community-based sanctions, requesting a strict judicial reasoning for the imposition of custodial sanctions, ruling post-release supervision, and considering the imposition of adult sentence for serious crimes.

Copyrights © 2026






Journal Info

Abbrev

IJLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social ...